Ben Roberts-Smith has failed in his attempt to appeal against a ruling from a defamation case, with the federal court’s three justices backing Nine newspapers and journalists Nick McKenzie and Chris Masters. The decision confirms that reports from 2018, which alleged Roberts-Smith committed war crimes while serving in Afghanistan, were not defamatory and were found to be mostly true by the court in 2023.
The ruling, delivered on a Friday in Sydney, is a significant event in a drawn-out legal dispute lasting seven years. This will stand as the final word from the federal court, leaving a potential appeal only to the high court. The finding may lead to a criminal inquiry by the Australian federal police and the Office of the Special Investigator.
Roberts-Smith, a highly decorated soldier and recipient of Australia’s highest military honor, the Victoria Cross, has consistently denied the allegations. His initial appeal was heard over ten days in February 2024, and after over a year, the ruling came down in favor of upholding the find that he likely committed war crimes. The legal battle has been costly, with expenses exceeding $25 million; now, the court might require him to cover these legal costs.
In addition, the court did not allow Roberts-Smith’s request to reopen the appeal based on a secret recording he claimed would prove misconduct. The court dismissed his application to re-examine evidence, including a phone call where McKenzie is heard discussing Roberts-Smith’s legal strategy with a trial witness.
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Source: https://www.theguardian.com/australia-news/2025/may/16/ben-roberts-smith-loses-appeal-defamation-ruling-case-war-crimes-afghanistan-ntwnfb
